637.401 Character of receipts.
1. For purposes of this section, “entity” means a corporation, partnership, joint venture, limited liability company, regulated investment company, real estate investment trust, common trust fund, and any other organization in which a trustee has an interest other than a trust or estate to which section 637.402 applies or a business or activity to which section 637.403 applies.
2. Except as otherwise provided in this section, cash received by a trustee from an entity must be allocated to income.
3. Receipts from an entity which must be allocated to principal include the following items:
a. Property other than cash, except as otherwise provided in paragraph “d”.
b. Cash or property received in one distribution or a series of related distributions in exchange for part or all of a trust’s interest in the entity.
c. Cash or property received in total or partial liquidation of the entity.
d. Cash or property received from an entity that is a regulated investment company or a real estate investment trust if the distribution is a capital gain dividend for federal income tax purposes.
4. Cash or property is received in partial liquidation according to one of the following principles:
a. To the extent that the entity, at or near the time of a distribution, indicates that it is a distribution in partial liquidation.
b. If the total amount received in a distribution or series of related distributions is greater than twenty percent of the entity’s gross assets, as shown by the entity’s year-end financial statements immediately preceding the initial receipt.
5. Cash shall not be received in partial liquidation, nor shall it be taken into account under subsection 4, paragraph “b”, to the extent that it does not exceed the amount of income tax that a trustee or beneficiary must pay on taxable income of the entity that distributes the cash.
6. A trustee may rely upon a statement made by an entity about the source or character of a distribution if the statement is made at or near the time of distribution by the entity’s board of directors or other person or group of persons authorized to exercise powers to pay money or transfer property comparable to those of a corporation’s board of directors.
99 Acts, ch 124, §9
Referred to in §637.302, 637.402, 637.427
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 637 - UNIFORM PRINCIPAL AND INCOME ACT
Section 637.101 - Short title.
Section 637.102 - Definitions.
Section 637.103 - Fiduciary duties — general principles.
Section 637.201 - Determination and distribution of net income.
Section 637.202 - Distribution to residuary and remainder beneficiaries.
Section 637.301 - When right to income begins and ends.
Section 637.303 - Apportionment when income interest ends.
Section 637.401 - Character of receipts.
Section 637.402 - Distribution from trust or estate.
Section 637.403 - Business and other activities conducted by trustee.
Section 637.410 - Principal receipts.
Section 637.411 - Rental property.
Section 637.412 - Obligation to pay money.
Section 637.413 - Insurance policies and similar contracts.
Section 637.420 - Insubstantial allocations not required.
Section 637.421 - Deferred compensation, annuities, and similar payments.
Section 637.422 - Liquidating asset.
Section 637.423 - Minerals, water, and other natural resources.
Section 637.425 - Property not productive of income.
Section 637.426 - Derivatives and options.
Section 637.427 - Asset-backed securities.
Section 637.501 - Disbursements from income.
Section 637.502 - Disbursements from principal.
Section 637.503 - Transfers from income to principal for depreciation.
Section 637.504 - Transfers from income to reimburse principal.
Section 637.505 - Income taxes.
Section 637.506 - Adjustments between principal and income because of taxes.
Section 637.601 - Definitions.
Section 637.602 - Trustee’s authority to convert.
Section 637.603 - Trustee requirements to convert or change computation method.
Section 637.604 - Interested trustee’s authority to convert.
Section 637.605 - Interested trustee requirements to convert or change computation method.
Section 637.606 - Petition to court to convert trust.
Section 637.607 - Valuation of trust.
Section 637.608 - Payout percentage.
Section 637.609 - Unitrust amount.
Section 637.610 - Procedure upon conversion of income trust to total return unitrust.
Section 637.611 - Total return unitrust administration.
Section 637.612 - Principal distributions subject to governing instrument.
Section 637.613 - Construction and applicability.
Section 637.614 - Good faith actions.
Section 637.615 - Effective date.
Section 637.701 - Application of chapter to existing trusts and estates — chapter prevails.